Green Card for Family Preference Immigrants.
Last Reviewed/Updated by USCIS: 01/10/2022.
U.S. immigration law allows certain noncitizens who are family members of U.S. citizens and lawful permanent residents to become lawful permanent residents (get a Green Card) based on specific family relationships. If you are the spouse, minor child or parent of a U.S. citizen, please see the Green Card for Immediate Relatives of U.S. Citizen page for information on how to apply for a Green Card.
Other family members eligible to apply for a Green Card are described in the following family “preference immigrant” categories:
First preference (F1) – unmarried sons and daughters (21 years of age and older) of U.S. citizens;
Second preference (F2A) – spouses and children (unmarried and under 21 years of age) of lawful permanent residents;
Second preference (F2B) – unmarried sons and daughters (21 years of age and older) of lawful permanent residents;
Third preference (F3) – married sons and daughters of U.S. citizens; and;
Fourth preference (F4) – brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years of age and older).
This page provides specific information for noncitizens in the United States who want to apply for lawful permanent resident status based on a family preference category while in the United States. This is called “adjustment of status.” You should also read the Instructions for Form I-485, Application to Register Permanent Residence or Adjust Status (PDF, 551.22 KB) before you apply.
If you are currently outside the United States, see Consular Processing for information about how to apply for a Green Card as a family preference immigrant.
Eligibility for Adjustment of Status.
If you are currently in the United States, you must meet the following requirements to be eligible for a Green Card as a family preference immigrant:
You properly file Form I-485, Application to Register Permanent Residence or Adjust Status;
You were inspected and admitted or inspected and paroled into the United States;
You are physically present in the United States at the time you file your Form I-485.
You are eligible to receive an immigrant visa;
An immigrant visa is immediately available to you at the time you file your Form I-485 and at the time we make a final decision on your application (For information on visa availability, see Visa Availability and Priority Dates, Adjustment of Status Filing Charts, and the Department of State website to view the Visa Bulletin);
The relationship to the family member who filed Form I-130, Petition for Alien Relative, for you still exists;
None of the applicable bars to adjustment of status apply to you;
You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and;
You merit the favorable exercise of our discretion (this means the positive factors in your case outweigh the negative factors).
Inspected and Admitted or Inspected and Paroled.
Generally, to be eligible to adjust status, you must be present in the United States after being “inspected and admitted” or “inspected and paroled” by an immigration officer. There are some limited exceptions to this eligibility requirement. For more information, see the USCIS Policy Manual Volume 7, Adjustment of Status, Part B, Chapter 2, Section A, “Inspected and Admitted” or “Inspected and Paroled”.
Eligibility to Receive an Immigrant Visa.
You are eligible to receive an immigrant visa if you are the beneficiary of:
An approved Form I-130 filed on your behalf;
A pending Form I-130 (that is ultimately approved); or;
A Form I-130 (that is ultimately approved) filed together with your Form I-485.
Bars to Adjustment.
You may be barred from adjusting status depending on how you entered the United States or if you committed a particular act or violation of immigration law. You are ineligible to apply for adjustment of status if one or more bars to adjustment listed in section 245(c) of the Immigration and Nationality Act (INA) apply to you. For more information, please see the USCIS Policy Manual Volume 7, Adjustment of Status, Part B, 245(a) Adjustment.
Applying Under INA 245(i).
You may be able to adjust status under INA 245(i) even if you are subject to one or more adjustment bars and are therefore ineligible for adjustment of status under INA 245(a). For more information, see the Instructions for Form I-485 Supplement A, Adjustment of Status Under Section 245(i) (PDF, 315.07 KB)(PDF). …….More…..watch video.
Links:
Form I-485, Register for adjustment of status.
I-130, Petition for Alien Relative:
Consulat Processing:
Green Card for Immediate Relatives of U.S Citizen.